Category Uncategorized

Indemnity costs, allegations of fraud and discontinuance: PJSC Aeroflot v Forus and others [2018] EWHC 1735 (Ch)

There are lessons for practitioners in all areas in the judgment of Rose J in Aeroflot v Forus and others. That case – a long-running chancery matter concerning skulduggery, political intrigue and alleged fraud –stands as a reminder that parties plead fraud at their peril. The Claimant, Aeroflot, alleged that the Defendants had perpetrated or facilitated […]

Whiplash Reforms Delayed Until April 2020

The MOJ has today confirmed that the implementation of sweeping reforms to whiplash claims, introduced by the Civil Liability Bill, will be delayed until April 2020. Included in the reforms are measures such as an increase in the small claims limit and a tariff-based system of compensation for whiplash claims. The Ministry of Justice originally […]

DAMAGES FOR LOSS OF A FATHER: DAMAGES FOR LOSS OF “INTANGIBLE BENEFIT” AWARDED

Originally posted on FATAL ACCIDENTS AND ACTIONS ARISING FROM DEATH:
In  CC v TD [2018] EWHC 1240 (QB) His Honour Judge Freedman (sitting as a High Court judge) found that it was appropriate for the court to award damages for loss of intangible benefit when children had suffered the loss of a father. THE CASE The deceased was…

RISK ASSESSMENTS AND THE VIOLA PLAYER: BOWING TO THE INEVITABLE OR JUST HIGHLY STRUNG?

Originally posted on PERSONAL INJURY: LIABILITY AND DAMAGES:
The case of Goldscheider v The Royal Opera House Covent Garden Foundation [2018] EWHC 687 (QB) received a lot of attention because of the unusual facts. However the case is, in fact, a classic illustration of the central importance of the risk assessment in modern litigation. THE RISK…

FALSE PROMISES AND PENURY: STILL NO SIGN OF SURRENDER IN THE CREDIT HIRE WAR

For those with an interest (perhaps in the broadest sense of the word) in credit hire litigation, the long-running war between credit hire organisations (‘CHOs’) and motor insurers continues with a judgment from Mr Justice Turner in the QBD. In the appeal of Miss Katherine Ann Irving -v- Morgan Sindall plc [2018] EWHC 1147 (QB) Turner J […]

​FIXED COSTS ONLY WHERE PRE-ACTION PROTOCOL NOT FOLLOWED

An unreasonable failure to follow the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims before settling a claim pre-issue will very likely lead to only fixed costs being recovered and the time to raise such an argument is when filing an acknowledgment of service to Part 8 costs-only proceedings. The […]

Civil Liability Bill Emerges Unscathed After Second Reading in The House of Lords on 24 April 2018

The Civil Liability Bill, which will bring in significant reforms for personal injury claims if it comes into force, had its second reading in the House of Lords on Wednesday this week.  It was debated for around four hours.  Despite criticism from several peers, the bill will move to the committee stage of consideration next […]